LEONA PASION VIUDA DE GARCIA vs.

DIEGO LOCSIN

Facts:
In November 1934, Mariano G. Almeda, an agent of the Anti-Usuary Board, obtained a search
warrant to search the house or store of LEONA PASION VIUDA DE GARCIA relating to her
activities as usurer.
The papers and documents seized were kept for a length of time by the Anti-Usury Board and
thereafter were turned over to the respondent fiscal.
The legality of the search warrant was challenged.
The respondent Judge of First Instance ruled that though the search warrant was illegal, there
was a waiver on the part of the petitioner .
Issue:
Whether or not the search warrant is legally issued?
Held:
In the instant case, the existence of probable cause was determined not by the judge himself
but by the applicant. All that the judge did was to accept as true the affidavit made by agent
Almeda.
He did not decide for himself. It does not appear that he examined the applicant and his
witnesses, if any.
For a search warrant to be valid, (1) it must be issued upon probable cause; (2) the probable
cause must be determined by the judge himself and not by the applicant or any other person;
(3)the judge must examine, under oath or affirmation, the complainant and such witnesses as
the latter may produce; and (4) the warrant issued must particularly describe the place to be
searched and persons or things to be seized.
The properties seized were not delivered to the court which issued the warrant, as required by
law.
The search warrant is declared void.